Orders denying arbitration
The Supreme Court of Missouri in Lawrence v. Beverly Manor affirmed the circuit court decision that wrongful death claimants were not bound by an arbitration agreement and could bring a court action for their relative's wrongful death.
The Missouri Supreme Court in Ward v. National Healthcare Corporation affirmed the circuit court's decision because the resident's relative signed the agreement that included an arbitration clause but the relative was not power of attorney or legal guardiand therefore the arbitration clause was not enforceable.
These opinions are very encouraging. It is ridiculous that nursing homes want residents and their families to agree to waive their right to a jury trial. Most of the residents don't even know what they are signing or what arbitration means.
Hopefully, the Arbitration Fairness Act will soon pass and consumers will not need to worry about such unconscionable clauses in the nursing home admissions contracts.
